SENATE BILL
57TH LEGISLATURE – STATE OF NEW MEXICO – SECOND SESSION, 2026
INTRODUCED BY
Micaelita Debbie O’Malley and Andrea Romero
and Heather Berghmans
AN ACT
RELATING TO FIREARMS; ENACTING THE STOP ILLEGAL GUN TRADE AND
EXTREMELY DANGEROUS WEAPONS ACT; REQUIRING DEALER SECURITY
MEASURES TO PREVENT THEFT AND LOSS OF FIREARMS; PROVIDING A
MINIMUM AGE FOR EMPLOYMENT AT A FIREARMS DEALER; REQUIRING
DEALER MAINTENANCE OF RECORDS; REQUIRING DEALER REPORTING OF
CRIME GUN TRACES, MULTIPLE FIREARM SALES, THEFTS AND LOSSES;
PROHIBITING THE SALE OF EXTREMELY DANGEROUS WEAPONS; PROVIDING
FOR INSPECTIONS; REQUIRING DEALERS TO POST LEGAL AND SAFETY
NOTICES TO FIREARM PURCHASERS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] SHORT TITLE.–This act may be cited as the
“Stop Illegal Gun Trade and Extremely Dangerous Weapons Act”.”
.232564.4
SECTION 2. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] DEFINITIONS.–As used in the Stop Illegal
Gun Trade and Extremely Dangerous Weapons Act:
A. “.50 caliber cartridge” means a cartridge in .50
browning machine gun caliber, either by designation or actual
measurement, that is capable of being fired from a centerfire
rifle. “.50 caliber cartridge” does not include a memorabilia
or display item that is filled with a permanent inert substance
or that is otherwise permanently altered in a manner that
prevents ready modification for use as live ammunition or
shotgun ammunition with a caliber measurement that is equal to
or greater than .50 caliber;
B. “.50 caliber rifle” means a centerfire rifle
capable of firing a .50 caliber cartridge. “.50 caliber rifle”
does not include an antique firearm, a shotgun that has a rifle
barrel or a muzzle-loader that uses black powder for hunting or
historical reenactments;
C. “antique firearm” has the meaning given to it in
18 U.S.C. Section 921(16);
D. “dealer” means a person or business in the state
that holds a federal firearms license issued in accordance with
18 U.S.C. Section 923(a)(3);
E. “department” means the department of public
safety;
.232564.4
F. “detachable magazine” means an ammunition
feeding device that is not attached to a firearm and may be
removed from the firearm without rendering the firearm
incapable of accepting a magazine;
G. “firearm” has the same meaning as in Section
30-7-16 NMSA 1978;
H. “fixed magazine” means an ammunition feeding
device contained in, or permanently attached to, a firearm in
such a manner that the device cannot be removed without
disassembly of the firearm action;
I. “gas-operated firearm” means any firearm that
harnesses or traps a portion of the high-pressure gas from a
fired cartridge to cycle the action using:
(1) a long-stroke piston, in which gas is
vented from the barrel to a piston that is mechanically fixed
to the bolt group and moves to extract the fired cartridge case
and chamber the next cartridge;
(2) a short-stroke piston, in which gas is
vented from the barrel to a piston that moves separately from
the bolt group so that the energy is imparted through a gas
piston to extract the fired cartridge case and chamber the next
cartridge;
(3) a system that traps and vents gas from
either the barrel or the chamber to directly strike or impinge
the bolt, bolt carrier or slide assembly to extract the fired
.232564.4- 3 –
cartridge case and chamber the next cartridge;
(4) a hybrid system that combines elements of
a system described in Paragraph (3) of this subsection with a
system described in Paragraph (1) or (2) of this subsection to
capture gas vented from the barrel to extract the fired
cartridge case and chamber the next cartridge; or
(5) a blowback-operated system that directly
uses the expanding gases of the ignited propellant powder
acting on the cartridge case to drive the breechblock or breech
bolt rearward;
J. “gun show” means an event at which twenty-five
or more firearms are on site and available for sale or transfer
to the public;
K. “law enforcement agency” means the police
department of any city or town, the sheriff’s office of any
county, the New Mexico state police division of the department
of public safety, a district attorney’s office in the state and
the state department of justice;
L. “law enforcement officer” means a public
official or public officer vested by law with a duty to
maintain public order or to make arrests;
M. “machine gun” has the same meaning as set forth
in Section 5845(b) of the federal National Firearms Act and
includes a semiautomatic firearm that has been modified in any
way that approximates the action or rate of fire of a machine
.232564.4 - 4 –
gun;
N. “manufacturer” means a person or business in the
state that holds a federal firearms license issued in
accordance with 18 U.S.C. Section 923(a)(1);
O. “semiautomatic firearm” means a firearm that is
not a machine gun and that, upon initiating the firing
sequence, fires the first chambered cartridge and uses a
portion of the energy of the firing cartridge to extract the
expended cartridge case, chamber the next round and prepare the
firing mechanism to fire again and requires a separate pull,
release, push or initiation of the trigger to fire each
cartridge. “Semiautomatic firearm” includes a semiautomatic
rifle, semiautomatic shotgun or semiautomatic handgun;
P. “straw purchase” means the purchase, or attempt
to purchase, of a firearm or ammunition for, on behalf of or
for use by another person known or unknown. “Straw purchase”
does not include a bona fide gift to a person who is not
prohibited from possessing or receiving a firearm or
ammunition; and
Q. “transaction” means the transfer of ownership of
a firearm from a seller to a buyer.”
SECTION 3. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] REQUIRING DEALER SECURITY MEASURES TO
PREVENT THEFT AND LOSS OF FIREARMS.–
.232564.4 - 5 –
A. No later than July 1, 2026, the department, in
collaboration with the state department of justice, shall
promulgate rules governing the physical security of dealer
premises and inventory. The rules shall be effective beginning
December 1, 2026 and shall require:
(1) installation and use of security alarm
systems on dealer premises that meet quality and other
standards established by the department. Eligible security
alarm systems shall have the capacity to be monitored by a
central station and shall provide protection and monitoring for
all accessible openings and partial motion and sound detection
at all other areas of the premises;
(2) site hardening, including locks on doors
and windows and other features. Features shall be designed to
prevent unauthorized entry, which may include bars or grates,
security screens and commercial-grade metal doors;
(3) installation and use of video surveillance
systems, including video recording devices at each point of
sale and each entrance and exit to the premises, which shall be
recorded from both the indoor and outdoor vantage point, and
the dealer shall maintain such recordings for a period of not
less than two years; and
(4) other reasonable requirements, as
determined by the department and the attorney general, to
reduce the risk of burglaries at dealers’ premises and the
.232564.4 - 6 –
theft of firearms in shipment to and from dealers’ premises.
B. The department shall specify in rules which, if
any, of the security measures identified in Subsection A of
this section apply to gun shows.”
SECTION 4. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] MINIMUM AGE OF EMPLOYMENT–REQUIRING
BACKGROUND CHECKS AND TRAINING FOR DEALER EMPLOYEES.–
A. A dealer shall not employ a person to handle,
sell or deliver firearms unless the person is at least twentyone
years of age and is not prohibited from possessing a
firearm under state, municipal, tribal or federal law. The
department shall promulgate rules to address dealer employee
criminal history checks no later than August 1, 2026. The
rules shall direct dealers to use the national instant criminal
background check system to determine eligibility for current
and prospective dealer employees only if the use of the
national instant criminal background check system is permitted
by federal regulations.
B. A dealer shall provide the training developed by
the department pursuant to Subsection C of this section to all
new employees within thirty days of employment and to all
employees annually thereafter. Beginning December 1, 2026, no
employee of any dealer shall participate in the sale or
disposition of firearms unless that person has first received
.232564.4 - 7 –
the training required by this section. The department shall
promulgate rules setting forth minimum requirements for the
maintenance of records of the training no later than August 1,
2026.
C. No later than August 1, 2026, the department
shall develop and make available to each dealer a training
course in the conduct of firearm transfers, including:
(1) federal and state laws governing firearm
transfers and transactions;
(2) how to recognize, identify, respond to and
report straw purchases, illegal purchases and fraudulent
activity;
(3) how to recognize, identify, respond to and
report an individual who intends to use a firearm for unlawful
purposes or for self-harm;
(4) how to prevent, respond to and report
theft or burglary of firearms and ammunition;
(5) how to educate customers on gun safety
practices, including the safe handling and storage of firearms
and ammunition; and
(6) other topics the department deems
necessary and appropriate.”
SECTION 5. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] REQUIRING DEALER MAINTENANCE OF RECORDS.–
.232564.4 - 8 –
A. A dealer shall:
(1) establish and maintain a record of
purchases, sales, acquisitions and dispositions, as required by
27 CFR Section 478.125. The record shall, at a minimum,
include the make, model, caliber or gauge, manufacturer’s name
and serial number of all firearms that are purchased, sold,
acquired or disposed of not later than one business day after
the firearms’ purchase, sale, acquisition or disposition. The
records shall be maintained securely to prevent loss of the
records due to fire, theft or flood. If a record is maintained
in a physical form, the record shall be backed up monthly. If
a record is an electronic-based record system, it shall be
backed up on an external server at the close of each business
day;
(2) retain all federal bureau of alcohol,
tobacco, firearms and explosives form 4473 records on the
dealer’s premises for as long as the dealer’s business is in
operation. The records shall be stored in a secure container
designed to prevent loss by fire, theft or flood;
(3) account for all firearms acquired but not
yet disposed of in a monthly inventory check, which shall be
maintained in a secure location;
(4) maintain records of all criminal traces
initiated by the federal bureau of alcohol, tobacco, firearms
and explosives for six years;
.232564.4 - 9 –
(5) maintain and make available at any time to
law enforcement agencies and to the manufacturer of a firearm
or the manufacturer’s designee firearm disposition information,
including the serial numbers of firearms sold, dates of sale
and identities of purchasers; and
(6) permit any law enforcement officer to
inspect the records required to be maintained pursuant to this
section during business hours.
B. Information contained in the records required
pursuant to this section shall be confidential, is exempt from
the Inspection of Public Records Act and shall not be disclosed
except to a law enforcement agency acting in the performance of
the law enforcement agency’s duties.
C. If a dealer discontinues business operations and
is succeeded by a new dealer in the state, the records required
to be kept pursuant to this section shall be delivered to the
successor dealer. Where discontinuance of the business is
absolute, the records shall be delivered, in a format to be
prescribed by the department, to the department within thirty
days after the business discontinuance. The department shall
permanently retain the records.”
SECTION 6. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] REQUIRING DEALER REPORTING OF CRIME GUN
TRACES, MULTIPLE FIREARM SALES, THEFTS AND LOSSES.–
.232564.4 - 10 –
A. A dealer shall report transactions involving
more than one firearm within five business days to the
department.
B. A dealer shall report thefts and losses of
firearms within forty-eight hours of discovery of the theft or
loss to the department.
C. A dealer shall promptly respond to a request
from a law enforcement agency or officer, including trace
requests and requests for documents and records, within
twenty-four hours after learning of the request.
D. A dealer shall provide quarterly reporting to
the department and the state department of justice, in a format
to be prescribed by the department and the state department of
justice no later than June 1, 2026, concerning trace requests,
including at a minimum:
(1) the total number of trace requests
received, including the make and model of the firearm and date
of sale; and
(2) whether the dealer was inspected by the
federal bureau of alcohol, tobacco, firearms and explosives
within the past ten years and copies of any reports of
violations or letters received from the federal bureau of
alcohol, tobacco, firearms and explosives.
E. Whenever a dealer or manufacturer located in the
state is inspected by the federal bureau of alcohol, tobacco,
.232564.4 - 11 –
firearms and explosives, the dealer or manufacturer shall
notify the department of the inspection no later than twentyfour
hours after completion of the inspection and shall send to
the department a copy of any reports of violations or letters
received from the federal bureau of alcohol, tobacco, firearms
and explosives no later than twenty-four hours after receiving
the reports or letters, which shall be permanently retained by
the department in a format to be determined by the department.
F. A dealer shall, no later than March 31 of each
calendar year, provide an annual report to the department, in a
form specified by the department, containing the following
information for January 1 to December 31 of the preceding
calendar year:
(1) the number of firearms sold or
transferred, listed by make and model of the firearm;
(2) the number of approved federal bureau of
alcohol, tobacco, firearms and explosives forms 4473 completed;
and
(3) any other information required by the
department.”
SECTION 7. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] PROHIBITING THE SALE OF EXTREMELY
DANGEROUS WEAPONS.–
A. Beginning on July 1, 2026, a dealer shall not
.232564.4 - 12 –
sell or transfer any of the following firearms, ammunition or
devices to an unlicensed person, nor shall a dealer process a
background check pursuant to Section 30-7-7.1 NMSA 1978 for the
transfer of any of the following firearms, ammunition and
devices between parties that are not licensed pursuant to 18
U.S.C. Section 923:
(1) a detachable magazine that holds more than
ten rounds of ammunition;
(2) a .50 caliber rifle;
(3) a .50 caliber cartridge;
(4) a gas-operated semiautomatic firearm that
can accept a detachable magazine;
(5) a gas-operated semiautomatic firearm with
a fixed magazine that holds more than ten rounds of ammunition;
or
(6) a machine gun.
B. The provisions of Subsection A of this section
do not apply to the sale of:
(1) a firearm designed to accept, and capable
of operating only with, .22 or less caliber rimfire ammunition;
(2) an antique firearm; or
(3) a firearm that:
(a) is a single-shot rifle, shotgun or
handgun;
(b) is a breech-loading rifle, shotgun
.232564.4 - 13 –
or handgun with a capacity not to exceed two rounds of
ammunition;
(c) is a muzzleloading rifle, shotgun or
handgun;
(d) is a bolt-action rifle, shotgun or
handgun;
(e) is a lever-action or pump-action
rifle or shotgun;
(f) is a single- or double-action
semiautomatic handgun that uses recoil to cycle the action of
the handgun; or
(g) has a fixed magazine with a capacity
not to exceed ten rounds of ammunition.
C. The provisions of Subsection A of this section
do not apply to the sale or transfer of a firearm or device to:
(1) a law enforcement agency in the state, the
United States armed forces, the New Mexico national guard or
the New Mexico state defense force;
(2) an Indian nation, tribe or pueblo or an
agency or political subdivision thereof;
(3) a licensee under Title 1 of the federal
Atomic Energy Act of 1954 or its contractor for purposes of
establishing and maintaining an on-site physical security
protection system and security organization required by federal
law or the transfer to a site; or
.232564.4 - 14 –
(4) a dealer, distributor or manufacturer
licensed under 18 U.S.C. Section 923.”
SECTION 8. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] INSPECTIONS AND COMPLIANCE–PENALTY.–
A. A dealer shall annually certify to the
department that the dealer has complied with all of the
requirements of the Stop Illegal Gun Trade and Extremely
Dangerous Weapons Act. The department shall, by rule,
determine the form and content of the annual certification.
B. The department shall promulgate rules requiring
periodic inspections of a dealer and the dealer’s premises, at
least once every three years, during regular and usual business
hours, by the department to determine compliance with the
provisions of the Stop Illegal Gun Trade and Extremely
Dangerous Weapons Act. A dealer shall provide the department
with full access to the dealer’s premises for inspections.
C. The department shall prepare an annual report
providing information on the number of dealers inspected
annually, the number of dealers found to be in compliance with
the requirements of the Stop Illegal Gun Trade and Extremely
Dangerous Weapons Act, the number of dealers found to have
failed to comply with the requirements of that act, the number
of trace requests submitted to dealers, the number of firearms
recovered from crime scenes or criminal investigations in New
.232564.4 - 15 –
Mexico that were sold by dealers and other information that the
department deems necessary and appropriate. Beginning June 1,
2027, the department shall prepare and publish the annual
report. The department shall also make all annual reports
publicly available on the department’s website.
D. A dealer that knowingly falsifies information or
contents in the compliance report required by this section is
guilty of a fourth degree felony.”
SECTION 9. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] REQUIRING DEALERS TO POST LEGAL AND SAFETY
NOTICES TO FIREARM PURCHASERS.–
A. A retail firearm dealer shall conspicuously post
at each point of purchase where firearms may be purchased a
sign, in a format to be prescribed by the department, with the
following notices:
(1) “Failure to securely store a firearm may
result in criminal penalties if a child gains access to the
firearm, pursuant to Section 30-7-4.1 NMSA 1978. Keep firearms
and ammunition separate and locked up. Use tamper-resistant
trigger locks, lockboxes or safes.”;
(2) “Most firearm sales in New Mexico,
including those between private parties, require a background
check. Consult Section 30-7-7.1 NMSA 1978 before selling or
buying any firearm.”;
.232564.4 - 16 –
(3) “Purchasing a firearm for someone who
intends to commit a crime or who has a felony record is a
federal crime and a fourth degree felony under Section 30-7-7.2
NMSA 1978. Don’t buy a gun for someone who can’t.”; and
(4) “If you or a loved one is experiencing
distress or depression or is contemplating suicide, please call
the National Suicide Prevention Lifeline at 1-800-273-TALK
(8255).”.
B. The department shall prescribe a notice that
informs purchasers of the requirements of firearm background
checks pursuant to Section 30-7-7.1 NMSA 1978.
C. The signs required pursuant to this section
shall be posted at all entrances of a gun show.”
SECTION 10. A new section of Chapter 30, Article 7 NMSA
1978 is enacted to read:
“[NEW MATERIAL] PENALTIES.–Unless otherwise specified, a
person who violates a provision of the Stop Illegal Gun Trade
and Extremely Dangerous Weapons Act or the rules promulgated
pursuant to that act is guilty of a misdemeanor for a first
violation and is guilty of a fourth degree felony for each
subsequent violation.” - 17 –
.232564.4